>> once in a blue moon. >> one of the last places to see snow. one mill, texas. here is gena's niece playing in the rare texas snow. >> she is awfully cute there. >> enjoy the weekend. america's news headquarters starts right now. fox news alert. support for obama care hitting record lows and a top official in the white house is now out. i am bill hemmer. >> and i am alisyn camerota. only 36 percent of the americans support obama care as the white house released numbers on enrollees that grew to 3 million. david joins us now. joishgs good to be here. >> help us to understand the 3 million enrollee number. >> i will try, a lot we don't know and number one and

significantly, have they actually paid? insurance companies traditionally do not count someone as having enrolled in insurance until they get a check and what the administration never told us about the enrollee numbers is how many people signed the paper work and versus how many of those people that sent in money. that is an important issue as we look globally as how many people are utalizing the obama care insurance policy on the exchange. these numbers will have an affect on insurance rates for 2015 and in theory are supposed to be published by election day if not before. >> we need to know how many people paid. >> and we need to know if they will hit the cbo target number by 7 million. they would have to more than double what has signed up since

october 1st? >> correct. the administration argued and there could be a case for this, as we near the deadline to purchase insurance or face a penalty from the government, there will be a rush of enrollees and critics of the law and there is a lot behind this if you happen how the law works. critics of the law have said they don't think it is a viable option at this point in part because the penalty doesn't mean anything this year. if you are a young healthy person and that is what is needed in here and important to the demo graphic mix. if you are facing a $100 fine if you are due awe refund from the government, what are you going to do? you know you have guaranteed insurance if you get sick and need two and so why way 1200 or 2400 when you can pay 100 in penalty. in later years, the penalties go up remarkably and they could

have more of an affect on who signs up for insurance. but again, the way this is structured now because of the way the law was debated, the irs can't come after you and force you to pay the penalty. they say you are due a tax refund and because you didn't sign up for insurance, we are going to doc your refund. and you are not owed a refollow-upped not much they can do. and they create the demo graphic mix of enrolled americans that is going to keep this thing viable and keep rates reasonable. >> young, old, and sick and well all of that demographic mix that you are talk bchlth thank you for helping us to understand the numbers. >> there are new obama care concerns that the bungled roll out is the beginning. doctors and hospitals sizing up a new medical coding system that will be used to determine what illness the patient has and how

much the insurer should be paid. here's more on this live, gary work through this. >> bill, the new medical billing system has 68,000 codes for doctors to choose from. over time they will improve medical care. many doctors they say while it is a good idea they are already strug lipping to keep up with all of the changes required bite affordable care act and that now is not the right time for the government to mandate and add more massive changes on to health care providers. >> when it is so detailed and complicated, it is going to be time consuming. for me, i will spend more time adapting to the changes as well as my staff. that means less time for my patients. >> the new billing system will require doctors to buy new equipment and software, and the biggest concern is the major billing disruptions that are

expected when ic10 is rolled out and most doctors will not be paid by insurers for as long as six months. the american medical association said that could force physicians to go out of business. and moaning nationwide, 60 percent of the physicians could be at risk according to the a ma. and those pushing for the updated system, they say those concerns are overexagerated and the change is long over due. >> ic9 is over 30 years old and you wouldn't continue to use medical will equipment that is outdated and the same thing is happening to the code set. >> several members of congress aim zeused bills to delay the icd10. and none of those bills have gained tractions and the health and human services said they are not planning delays and the ic9

will roll otto october 1st >> supporters of obama care scored a win. missouri is blocked the navigators and other counsellors that are trying to help people to enroll. the state is one of several trying to put restrictions in police. fox news alert and a new warning for retailers. the fbi telling them to get ready for more credit card breeches like the ones that hit tens of millions of people in target over the holiday. how are you money and good day to you. >> tell me about the warning from the fbi. >> it was leaked and we heard about it. they are basically saying that the malicious software and ma lware is going to be more prevalent and retailers need it watch out for

it. criminals are hilo successful with it and they will do it more than they already are. it is in the point of service and lives on the place where you swipe your card. i have swept my credit card three types today. it is only lunch time. >> it is barely lunch time. >> that's right. >> how does this work, melissa, what is your understanding? >> there is a teeny sliver of time before your information is encrypted and that's when the software attacks and the crim names say they buy it on the black market. you can update it remotely and modify. it it is hard to detect and has been a round for a long time. and used more than ever. >> it sounds insiddious, too. and all of the retail iters are involved and you only use your credit card more and more often and debit cards these days. what are they telling the retailers on how to protect the

consumer? >> the fbi said be vigilant. retailers are saying what does that mean? there is not much they can do right now. even hiring security and you know, different cyber security firms is not helping that much. cpo of chase- morgan chase said in a conference call the retailers have to ban together to come up with a solution. it is very, very difficult to fight this and hard to detect it and basically up to us to keep an eye on the credit card statements right now. >> that should be underscores now. consumers keeping a closer eye on what is taken out of their account to make sure it is legit. >> absolutely. that is not the scariest part for a consumer, you are not responsible for the charges. it is really about identity theft. they can destroy your credit history and do more damage.

all you can do is protect your pin and keep an eye on your statement and hopefully you catch it in the early phases and so you can do something about it, but thinking that it is living on the machines where we swipe our cards. you go to star bucks and buy lurch. >> have you on your show talked about how i mean, it is more common now. >> it is funny that you should mention that. we'll have a cyber security swat team on to talk about what retailers can do. and what you can do personally and how they are fighting back and how to find the criminals out there. it is becoming more and more prevalent. >> we'll be there. >> is the credit aenlss changing their policies at all to give consumers more protection? >> they are going to have to. a lot of consumer groups are speaking out. one good thing, it is believable

when you say my identity was stolen and this was not me. you have a leg to stand on. because it is happening to so many people. they are going to have to change the way they do business. >> she's money at 5:00. >> thank you, melissa. new call for justice in the terror attack in benghazi that killed four americans. what one law makers saying that needs to happen now. >> and our nation's defense secretary ordering a review of the nuclear forces. should we be worried because of this? we'll look at details. >> a deadly pile up. and a horrifying scene on a mange highway. >> i pulled off the street and seen everybody waving and getting out of their vehicles screaming. >> everyone here, our thoughts and concerns are with the families of the deceased and everybody that was injured out

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> crows are continuing it remove the wreckage from a deadly pile up in down down. police say three people are dead, more than 20 injured. take a listen to horrified witnesses. looked at the over pass and the express way, there were eastbound collisions. there were trucks and cars that collided together and shortly, cars behind me and i pulled up the street and ran back here and seen everybody waving and getting out of their vehicles screaming. >> police blame it on the snow and whiteout conditions. >> what a mess. new fallout on bepg beng. a hae key house republican

saying that speaker john boehner, vinge virj frafshg wolf said despite hearings, no one in the white house is held accountable and the deaths of four americans. not a single person. peter brooks former cia officer and heritage foundation and peter it is good to so you and welcome back here. >> thank you. >> five different committees in the house and congress. i don't get a sense a special committee is coming. that doesn't mean frank wolf will stop pushing for. it what do you think? >> my sense there could have been one already. you are right. a number of committees are looking in the issue. they just issued a report as well. and they have committees and have subpeeba capabilities and over sight. and they look at what the accountability review board came out with.

and which didn't find misconduct or negligence involved with the individuals although some have been relieved of their responsibilities and they can come up to a different conclusion and press the straight department to do other things different than they have done so far. >> frank wolf said no one is held accountable. can you name anyone? >> i know several people were dismissed from their positions that they held when benghazi went down. one is retired and a few of them in different jobs in the state department. i think mr. wolf, representative wolf is asking for more senior responsibility or accountability at the white house level and senior state department levels, and i think that is fine for him to call for this. equally as bad, bill. we had no accountability in libia. all of these people responsible for the death of four brave americans, and so

none one was brought to account or justice for those horrible deaths. >> and what frank wolf writes about is frustrated and disappointed and you can clearly sense that. what is the rationale for john boehner not going for a special committee? >> you would have to ask speaker boehner or his staff on that. from my days on the hill perhaps he thinks that the committees doing what they are doing, they can undertake subpeonas and investigations and call witnesses and hold hearings and they have done that sort of stuff. maybe he doesn't believe that a special committee is required because the committees with jurisdiction with these issues can do these things that a special committee can do. >> have you sewn the poll that we put out this week? this is unbelievable. we asked americans the reason why the obama administration

gave false information about the attack in libia. 49 percent, peter, say it was to protect the president politically. 49 percent. >> well, bill, we shouldn't be surprised. i can't can channel the white house. it was in the presidential elections in 2012 and in september of that 2012 during the heat of the presidential elections and i think that there is a long- standing concern about this administration politicalizing national security that can lead you down a number of inappropriate paths that you know, are not good for our national security at all. yeah, obviously there are concerns and it appears that half of the people polled believed that the administration hasn't come completely clean on the terrible tragedy. >> and coupled with that the information that griffin rosen had. the pentagon knew in 15 minutes that it was terrorism and they were calling. that i will give you the last

word and we got to run. >> there is no reason that the congress shouldn't continue to look at the issue and hold people responsible and accountable for what happen, that terrible tragedy and what they should do in their role as oversight of the federal government. >> peter brooks, heritage foundation, thank you, peter. let's talk super pole. not this sunday, bill in case you were wondering, you had to clarify that for me when the broncos and sea hawks take the field for the super bowl, fans may be doing strange things to support the team. how many of them rely on superstition and a higher power to win the game. >> hillary clinton drawing more attention with a possible run in 2016, with the brand new fallout in benghazi, will that hurt hillary clinton and what is with the new york times magazine cover. >> some members of congress are

bringing home the bacon meantime. and we bring down the pork projects. >> bacon never gets old. >> how about sally the shrimp on the treadmill. >> that can get old. we have seen her jogging a lot. >> one shrimp cocktail coming up.

♪ it is such a good wonl >> we down load. >>y we are supposed to talk and i refuse to because of the song. >> sea hawks and pron co fans will be praying and others

engaging in outright superstition. half of the football fans believe that a supernatural forces at play in the game. like many of us, researchers have heard stories of bizarre fan rituals. it is not that bizarre is it? and until now there is little data to collect on the top and we have the survey to prove. it >> if i take a seat, i will always come back and sit there. >> that is so funny. >> what to you do? >> i eat nachos. that is not superstition but just a hunger. my friend's husband makes her stand a certain way. and we want to know this hour. and what is your pregame superstition or ritual. >> send me a tweet at pill hemmer. >> and to me at alisyn camerota and we'll read creative ones in

the end of the show. pork is back on capitol hill. massive trillion dollar budget that law makers passed is packed with costly pet projects. william is in our los angeles bureau to it tell us. hi, william. >> reporter: the cup board is bare and can be no more cuts yet the budget is filled with 300 billion in useless programs. so who won the argument? take a guess. >> we have to chaefrj the culture of congress to prioritize limiting wasteful spending. >> reporter: remember when saving money made sense? not so in the budget. >> it is full of pork projects and ineffective government programs and hand outs to corporate cronies. >> reporter: congress deals out more money than many request. the navy wanted 3 billion and got four. congress gave the army 90 million to upgrade a tank that

didn't need it and 50 million for a mississippi river that was not asked for. oil and gas industry gushes profits and yet it received a half billion dollar subsidies. we shouldn't pay for the rnd private sector energy companies. they need to stand on their own merits. >> and congress brepgs home the bacon. washington senator got money to it restore the pacific sound. and big fish of 400 million bioscience lab in kansas. >> everybody had their hand in the cocky jar. >> youth training corps got 1.6 billiop. and pent dpon tried to close bases and restore old ships, they were told no. >> it is a waste of money and inefficient use of resources,

congress is more than willing to throw good money after bad. >> senator moran said it is part of a dom petitive process and he takes credit for helping the project. if congress was embarrassed by the bridge to no where, they are not. >> right. >> i think your nacho program is more of an addiction. >> it could be that. i agree. i hope someone in capitol hill studies it for a lot of money. >> your friend is standing on her leg right now. >> probably getting ready for the super bowl. >> new developments in the case for virginia's former governor. when bob mcdonnell and his wife appeared in court for the first time. >> and nuclear officers a choosed of drugs and serious concern about the nukes at this

hour. >> new fox polling and what hillary clinton and the president anyhow on benghazi and the impact on clinton's potential run in 2016, we'll debate what difference it could make. rrn the day we rescued riley was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com lovely read susan.

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time for a quick check of your headlines, at least six people killed in a string of bombings in cairo. one car blast ripped through the

egyptian capitol security headquarters. tomorrow is the third anniversary. arab spreng. >> a not guilty plea from former goff dpof mcdonnell and his wife for federal corruption charges. he is a cowed of accepting thousands of loans and dpifts from a businessman in that state and helping him to promote his products. mcdonnell denied wrongdoing. >> sad news out of boston, one of the recognizable faces in television news. chet curtis passed away after a ba pancreatic cancer. he was for years old. for decades they formed a beloved husband and wife team with millions of vowers and simply referring them to chet and nat. he said about his life, it is the stuff of dreams to be paid for doing what you have done and

love. i just can't -- nat and chet are iconic in boston and were great newscasters together. >> we grow up and find people associated with on tv and delivery headlines and news every day and night your life. >> you feel like they are your family. and that's how boston felt about chet. >> great career, well done! >> hillary clinton getting more media attention about her plans for 20 escape. we are seeing new fallout from the attacks in benghazi now. >> six in ten americans say the president and former secretary of state deserve a great deal or some of the blame for the attacks that killed four americans. let's debate all of this and hillaries future. scott is ed out for a town hall. and julie is a fox analyst and fox contractor. >> happy friday. >> and in honor of that, we'll

give bill hemmer. >> julie, you don't believe anyone cares about benghazi outside of the republican conservative base. >> it is not that i believe it. poll show. it is not driving politics and hasn't been since it happen despite it was a colossal tragedy. you can talk benghazi. and i don't know how many investigations in benghazi. >> they continue. >> and they continue. we should get to the bottom of what happened and i feel like we are getting. there but if as affecting hillary clinton polls don't reflect it does. >> guy, do you agree with julie's premise that benghazi only matters to the right? >> well, i don't think i agree with that and she referenced the investigations that are underway and the september report kauthorred by democrats primarily argued that the attacks were preventible and

multiple request for were ignored by hillary clinton's state department. there is good news and bad news. the bad news is the poll on the screen, 60 percent of the country think she bears responsibility for what happened in benghazi. the other bad news for her, she's not terribly accomplished as a secretary of state. it is a defining sort of moment in her tenure of secretary of state and not very much else that people can say there is an pleasment that it she was able to bring to the floor when she was secretary of state. the good news for hillary clinton that the media's priorities are not with the story and cnn anchor james tapper admitted that the media is far more intensely in lane closures in the gw bridge than they were about benghazi. >> and i just want to go back to the poll. for hillary clinton a great deal

or some at 60 percent. and president obama at 59 percent. and they share that. allyson, continues the terigation. >> more good news, it is because the super pa c priorities usa announced they will throw their weight and dollars behind her campaign, that has not been announced. and this is the same super pa c that supported president obama and they spent money on attack ads for romney. nhopefully she will make an announcement soop. not that she cares what i think. i think she should state her intentions. she's sucking the air out of everybody else. we have all of the other super pa cs that are gearing up for a clinton run. i hope she states her intentions

one way or the other. if she runs, let's go and if she doesn't run, other people need traction. they are all in limbo waiting for her to make a decision. >> guy, the cover of the new york times sunday magazine this hit stands. it is hillary clinton there, it purports to she her as a planet and the angle is that all of these satellite people sort of orbit around her. but i think you agree it is hilo unflattering photograph. this hardly seems to make her a media darling on the new york times. what dow make of the cover? >> that cover will give me night terror asks wake up cold sweating with that image in my mind. it is kroepy and not a good photoshop. i feel they could do a better job in the new york times. as for the priors usa super pac.

that was the one that barak obama set up after he called them a threat to democracy and they are powerful and have a lot of the clout and in fact $500,000, donors to the super pac can buy quarterly visits with the white house with president obama. >> big money all the way around. >> big money on the game. >> guy and julie, plenty of time it talk about this in the future. have a good weekend. >> defense secretary chuck hagel ordering a review of the nation's nuclear forces. the move comes day after missile launch officers were caught in a drug investigation and accused of cheating on certification exams. lieutenant cornell is a fox news contributor. general, thank you for being here. what do you think of the state

of the nuclear arsenal? is it safe and secower in your mind? >> yes, it is very safe and secure. we did have some failings with ten people involved in allegedly in drugs, and another 35 or so cheating on a test. they are human imperfection, but the nuclear deterrent forces in good shape. >> it is good it hear you say that. we had information on. that last month we had a investigative journalist who spent six years investigating america's nuclear arsenal. he called it command and control. let me play for you what he said about the security and safety of it. i think the american people need to be aware of the challenges of mounting the arsenal and if we

have these weapons spare no expense on how we train the people and money to maintain them. they are not happening now. >> he said they are not maintaining well. and above and beyond all of the scandals that they are not watched over carefully, your response. and your words or watch. the fact is, we need to modernize the nuclear deterrent force. many of the weapons are the ones i used to sit alert on. and we need a heavy investment in that area. as far as the performance of the people and those doing it. they are doing it well. but there is a bill to pay and that is what his particular point was. we have to modern otherwise the nuclear force. we want the healthiest nuclear force that we can have to make it a credible deterrent. >> and the fact that we have

drinking and gambling scandals and one of the generals that are overseeing the winter in russia got so intoxicated and blacked out and can't be accounted for certain hours. what is going on with the gatekeepers? >> as i say they are human and certain imperfections in them. if you look at the entire history of our nuclear deterrent force and take these number ofentious vents, seems like they are piled on and it is worrisome and then dr. strangelove mentality that was created 50 years ago to make the american people lose confidence in the nuclear deterrent. i think they are omissions and mistakes, and clearly do not reflect the capability and the oaf all performance of our nuclear forces. >> lieutenant general, thank you

so much. it is comforting to talk to you. >> thank you, general. >> a terrifying scene caught on camera, a car mowing down a little by and his grand farther u. justin bieber may not be smiling now and the changes that could get him botted out of the country. the charges i should say. our legal panel will debate all of this next. >> the total bond is $2,500 and broken down 1,000 resisting without violence and 1,000 for the dui. and $500 for expired driver's license. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber! to help support gularity! i want some... [ woman ] hop on over! [ marge ] fiber the fun way, from phillips'.

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>> time to check in with gretchen carlsson. new bombshell allegations that

irs is target conservative groups. there are not criminal charges of tea party groups. think that is still the case? and should kids young as ten be allowed to hunt? we have a great debate today. and have you ever wanted to go for a ride in the weiner mobile? i know i have? >> hot dog. >> good one hemmer. >> he's filled with them. >> when we last saw justin beiber he was baefing from a suv after posting bail on street racing and dui charges. >> but could he face deportation from combf this? two prosecutor and defense attorneys joins. mark, you so all sorts of special treatment already having been given to justin beiber in terms of how he was processed, what do you mean? >> first, what was fair, he got

a standard bond. and no one jacked tup. but what was unfair, he missed the 9 o'clock cut off in miami. my clients wait until the next day if they don't make the cut off they have to go the next day. he was on the bond calendar that day is extraordinary. but what is more extraordinary, from the time that elapsed and when he was released like very fast and michael phelps fast. it was extraordinary. nwow, i want to move that forward a bit. if a regular ordinary 19-year-old guy were arrested for drag racing and intoxicated what would their penalty and looking at if they were not a super star? >> if they were not a super star, they would not have a rented lamborgin i. and causing a ruckus in the

jail. we needed to get the beebs out quickly. so far the only charges are possibly the dwi, which my clients don't see the inside of a courtroom, for your first one. not the courtroom, a jail cell. first time it is unusual if you do. and fines associated and classes associated with. it resisting arrest, i guarantee you will go away if he pleads guilty to the other charges. >> and you know, one thing here, mark, you know florida law, judge alex ferrar was on fox and friends earlier today and he made the case, given the dui charges the way they were now. if he were an adult he would not face this? is there truth to this? >> the legal limit is.08. and.02 if you are under 21. and second thing, the challenge

for him is not necessarily jail. i agree clients don't get jail on the first time offense. but the challenge for him, he may face a probation, for a guy like him if he continues to pass. and if we believe half of the things he's done in the last year, that could be a served as a basis to violate the probation. >> americans are signing up to deport him to canada; is there any possibility? >> realalistically yes, you get convicted of a crime you can be deported even if it is a misdemeanor. but come on, people, i think we are too hard on the beiber. we don't want him to be turning in the next lipped say lohan. but you shpt be able to rent a lambogin i. unless you are over 40. >> jana, going back to the deportation issue. he's not a legal resident and

here on a vis a. not just the convicted offenses, but those he admits. to >> and mark you have 15 seconds to tell us based on your knowledge of florida law how does this case turn out, what happens? >> assuming they can prove the case. fines and court cost and he blew and high as a.04. and 0114. >> and not getting convicted. >> what penalty. >> fined court cost and probation and dui school and class. >> thank you so much, guys. >> and so the camera is rolling when a little boyand his grandmother was mowed down by and what is considered miracle. >> a safety problem in a major american river. we ride along with the men and

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some incredible new video and a warning some viewers might find this disturbing. this horrifying incident on camera. out of the country of brazil, a 5-year-old boy and his grandmother walking down the street hand in hand. they were run over by the car. amazingly they both escaped amazing injury right under the tire. the little boy says it was divine intervention, a miracle from god and they will be okay. >> how is that possible? ice breaking system for the coast guard. operation renew under way to keep ports secure and ensure safety on the water.

they try to get critical supplies to communities that need it most. live from the new york newsroom with an inside room. jamie. >> inside for sure, alisyn. >> all that valued around $2 billion, you can understand how important these operations are, even in freezing cold temperatures, you will find the coast guard hard at work on the hudson. today they gave fox news a sneak peek. >> it's been a coast guard mission since 1936. i think it was president roosevelt actually came up with the phrase to meet the reasonable demands of commerce, the coast guard shall conduct ice breaking operations. >> the guard is tasked with making sure residents have energy and supplies and other resources they need, even when icy roads make it difficult if not impossible to deliver. 75% of the heating oil used in our country is imported through

new england, new york and new jersey, 90% delivered on barges in this waterway. there's also another important purpose to this painstaking work. see them cracking through the ice here? it's security. if they don't break up the ice, waterways might not be navigable for law enforcement. the coast guard works hand in hand with security operations in port and coastal security missions. they are highly trained. an interesting day out on the water. >> amazing pictures, too. >> cold but good work. a new poll finds what you already know, sports fans, when it comes to your favorite team, you are superstitious. what's your pregame ritual camerota? >> we'll read your tweet next? i like to eat nachos, you'll reveal yours.

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all right. what is your pregame ritual. >> anthony, i don't wash my jersey if my team gets a win. >> a twelve-pack of heineken is a good tradition. >> never wear the team's shirt i want to win. i pace the floor. here is gretchen. bye-bye. >> thanks, guys. today on "the real story," hillary clinton like you've never seen her before, the center of the universe as fox shows she deserves more blame for the benghi attack. ted cruz, what he thinks should be the focus of next week's state of the union address. one clothing company making a statement with new ads showing models for real, no air brushing. supermodel will give us her take on these ads. a bear of a surprise just feet away. how old should you have to be to hunt